Scottish newspapers forced to sign up to regulator under 'McLeveson' plan

All newspapers and internet news sites published in Scotland would be forced
to sign up to a new statutory-based regulator, under plans published today
that threaten to place the greatest strictures on the free press in
centuries.

Alex Salmond is expected to introduce a stricter form of press regulation in Scotland than is being considered in EnglandPhoto: GETTY

The report, which Alex Salmond praised as "admirably clear", even suggested the rules could be extended from all news-related written press to social networking websites like Twitter.

It proposed a system that goes beyond Lord Justice Leveson’s recommendations by rejecting his proposal for an “opt-in, opt-out” regulator, stating that it needs to be compulsory to work.

The report is being published this afternoon but has been leaked to the Daily Telegraph. Although it is not clear who would fund the new regulator, it appeared to suggest the cost would be split between major publishers.

A two-tier system would be created by statute, with the first level consisting of a new regulatory body set up by the press that would be charged with ensuring news outlets operate in accordance with the Leveson recommendations.

The second tier would consists of a “recognition body” that would ensure the regulator was complying “at all times” with the principles laid down by Leveson.

The report, conducted by a panel headed by Lord McCluskey, a former Solicitor General, insisted that both tiers would independent of politicians and would not infringe on the freedom of the press.

However, its suggested draft Press Standards (Scotland) Bill states that Scottish ministers would have the final say over appointing the “Recognition Commissioner” with responsibility for overseeing the regulator.

The panel did not take evidence from any newspaper publishers or editors before reaching its conclusions. They were published the day after cross-party talks broke down at Westminster over creating a new system of press regulation in England.

If implemented, it would mean the Scottish press would face the most regulation anywhere in the UK, despite the phone hacking scandal being focused on the conduct of tabloids in England.

The report said a UK-wide regulator could still be set up, alongside a Scottish recognition body, if a deal can be reached between David Cameron, Ed Miliband and Nick Clegg.

However, sources said Mr Salmond is determined to set up his own Scottish system. This is opposed by Labour MSPs, who argue there should be a single UK-wide body, and the Tories.

But the First Minister has a majority in the Holyrood chamber and appeared to have the support of the five Liberal Democrat MSPs.

Mr Salmond gave the panel three months to detail how the Leveson recommendations should be implemented in Scotland.

Its membership also included David Sinclair, director of communications at Victim Support Scotland, professors Neil Walker and Peter Watson, legal academics based respectively at Edinburgh and Strathclyde universities, and veteran journalist Ruth Wishart.

They agreed with Lord Justice Leveson that the new system should be underpinned by statute, arguing that other bodies such as the police and church are subject to regulation without affecting their operational independence.

But they said the regulatory system should be extended beyond the Leveson recommendation it should apply to “all significant news publishers”.

Questioning how this term should be defined, they argued it should apply to all publishers “of news-related material”, whether that be in print form or online.

They also highlighted the use of social media, such as Twitter, to publicise and circulate news “and the possible need for further regulation in this regard.”

Lord Justice Leveson recommended a “carrot-and-sticks” approach, involving a low cost arbitration system to resolve complaints for those who agreed.

But Lord McCluskey’s panel said it had “little confidence” this would encourage publishers to join and remain signed up to the new regulator.

“We have reached the view that there is no practical alternative to making it compulsory for all news-related publishers to be subject to the new system of regulation,” they said.

“If significant news publishers declined to join there would be no mechanism to compel them to do so.”

They said major publishers had previously refused to sign up to a press regulator and some titles have already indicated they would not voluntarily join, regardless of the advantages.

“It is clear that the carrots proposed by Leveson are not sufficiently enticing, nor the sticks sufficiently intimidating, to put any real pressure on publishers,” they concluded.

Funding for the system should be settled by agreement between the industry and the board of the regulator, the panel said, taking into account the commercial pressures on newspapers.

The regulator would determine how charges would be allocated between different publishers. However, not all those subject to the new regime, for example online news blogs, would have to pay.

The membership and function of the recognition body should be designed so there is no “backdoor influence” by the media or politicians, the report stated.

According to the draft legislation, ministers should put in placer a process to ensure the appointment of a Recognition Commissioner is made in a “fair, open and transparent way”.

However, it said responsibility for the appointment ultimately lies with Scottish ministers.